Who Keeps the Pet in Case of Separation in Quebec?
Under Québec law, pets are no longer treated merely as property. Since the 2015 reforms to the Civil Code of Québec, animals are legally recognized as “sentient beings” rather than simple movable property (article 898.1 C.C.Q.). However, in practice, when couples separate, the law still uses property-based rules to determine who keeps the animal, unless the parties agree otherwise. Courts consider the pet’s welfare, but also ownership, care history, and emotional attachment.
If the pet was acquired by one partner before the relationship, that person is generally considered the owner and has the stronger legal claim. However, if the animal was acquired jointly, the situation becomes more complex. In such cases, the court may examine who primarily paid for veterinary care, food, and other expenses, as well as who has been the pet’s main caregiver. These practical considerations often outweigh mere registration documents or microchip ownership records.
When the parties were married, the Family Patrimony does not include pets — they are not considered family property under the law. Therefore, the division of pets follows ordinary property rules. For common-law couples (those not married or in a civil union), the same principle applies: ownership and possession are key factors, and each party must prove their right to keep the animal.
That said, Québec courts have shown increasing openness to viewing pets as more than property. In several judgments, judges have considered the pet’s best interest — similar to child custody reasoning — though without creating formal “custody” rights. For example, shared possession or visitation schedules may be granted when both parties have a strong emotional bond with the animal.
Ultimately, the best solution remains an amicable agreement. Couples are encouraged to decide in advance who will keep the animal, or to include a clause in a cohabitation agreement addressing pet ownership. This avoids costly litigation and emotional distress. The law continues to evolve in this area, reflecting the growing social recognition of pets as members of the family.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
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